Kenyan case law
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Josephine Nzisa v Michael Mutahi Githiga [2017] KEHC 1214 (KLR)
✦ The appeal is allowed. The judgment of the trial court is partially set aside and is substituted with the following award: damages for pain and suffering ksh.300,000/; loss of dependency ksh.2,576,000/; loss of expectation of life ksh.100,000/; special damages ksh.40,565/; total ksh.3,016,565/; interest at court rates from the date of judgment until full payment; the appellant shall have the costs of the appeal.
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Kenya Revenue Authority v Web Fontaine Group FZ-Lic & 2 Others [2017] KEHC 1269 (KLR)
✦ The appeal is allowed with costs being awarded to the appellant.
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Priscah Njeri Kamau v Raymond O. Oigara & 2 others [2017] KEHC 1440 (KLR)
✦ The court allows the motion to extend the filing time and find the plaint properly on record.
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Republic v Stephen Maranga Nyagakwa [2017] KEHC 681 (KLR)
✦ The accused is entitled to be released on reasonable bail terms as provided under Article 49 of the Constitution.
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Priscah Njeri Kamau (Suing as administrator and personal representative of the Estate of Nicholas Gideon Kamau) v Raymond O. Oigara & 2 Others [2017] KEHC 1339 (KLR)
✦ The court awards the plaintiff the sum of ksh.2,331,230/=
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Dickson Daniel Karaba v Kibiru Charles Reubenson & 2 others [2017] KEHC 2404 (KLR)
✦ The court grants some of the applicant's orders, including the production of certain election materials and the securing of SD cards.
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Republic v Cabinet Secretary for Internal Security & 2 others; Nyauchi (Ex parte); Federation of Kenya Employers & another (Interested Parties) (Judicial Review 292 of 2017) [2017] KEHC 2485 (KLR) (Judicial Review) (6 November 2017) (Judgment)
✦ The Court finds that Moi Day is a public holiday under the Public Holidays Act and the Constitution, and the 1st Respondent is required to treat it as such.
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Julius Kiambati M’mbura v Bernard Kirimi Thirunga & 2 others [2017] KEHC 1593 (KLR)
✦ The application for leave to appeal is not merited, but the applicant is given 10 days to file and serve the Memorandum of Appeal. The application for stay of proceedings is allowed.
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Njenga v Kenya School of Law [2017] KEHC 2158 (KLR)
✦ The Court finds that applicants who obtained LLB degrees from local universities are not exempted from sitting Pre Bar examination and that regulation 6 of the Regulations contravenes Section 16 of the Act as read with paragraph 1(a) of the Second Schedule to the Act.
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Carosa Investments Limited v Kobil Petroleum Limited [2017] KEHC 1373 (KLR)
✦ The appeal is allowed, the suit is restored and should be heard de novo by another magistrate.
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Republic v Musembi Musyoka & 2 others [2017] KEHC 2325 (KLR)
✦ The court finds the prosecution failed to prove the accused's guilt beyond reasonable doubt and acquits them.
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Africa Retail Traders (2005) Limited v Electroniq Warehouse Limited [2017] KEHC 1391 (KLR)
✦ The appeal is dismissed with costs to the respondent.
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Naftali Amiru v Servitel Supplies Ltd & another [2017] KEHC 1232 (KLR)
✦ The appeal is allowed. The judgment and decree of the lower court is hereby set aside and substituted by an order of entry of judgment in favour of the appellant and against the respondent.
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Chris Munga N. Bichage & 2 others v I.E.B.C & 2 others [2017] KEHC 2638 (KLR)
✦ The court ordered the 1st and 2nd Respondents to provide certified copies/extracts of information/data related to the usage of KIEMS Kits, BVR machines, and electronic gadgets used in the election.
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Chris Munga N Bichage & 2 others v Independent Electoral and Boundaries Commission & 2 others [2017] KEHC 2604 (KLR)
✦ The court ordered preservation, production, scrutiny, inspection, and verification of all relevant materials and a recount of votes.
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Chris Munga N. Bichage & 2 others v I.E.B.C & 2 others [2017] KEHC 2588 (KLR)
✦ The court granted the application for scrutiny of votes and provision of KIEMS Kits and polling diaries, but denied the request for the results to be pronounced before the substantive hearing.
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Millitonic Mwendwa Kimanzi Kitute v Independent Electoral and Boundaries Commission & 2 others [2017] KEHC 2620 (KLR)
✦ The documents annexed to the Petitioner’s Supporting Affidavit are admissible as evidence
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Mika Njagi Njiru v Director of Public Prosecution [2017] KEHC 487 (KLR)
✦ The application for bail pending appeal is dismissed.
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Judy Njura Kathuri & another (suing as the legal representative and administratrix of the estate of Thomas Vuhiru Agade v Kenya Power & Lighting Company Limited [2017] KEHC 572 (KLR)
✦ The court held that the deceased died due to electrocution and that Kenya Power and Lighting was responsible for the incident.
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Peter Mung’ara Mwaura v Republic [2017] KEHC 2283 (KLR)
✦ The conviction and sentence are set aside due to procedural errors and lack of evidence of mens rea.
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In The Matter Of Adoption Of Baby K A Child [2017] KEHC 9761 (KLR)
✦ The Applicants are allowed to adopt Baby K A and she will be known as D P N. The biological mother's consent is dispensed with as the Child is an abandoned child. The Applicants' son's consent is also dispensed with as he is a minor.
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J M M v Republic [2017] KEHC 2636 (KLR)
✦ The appeal is dismissed. The conviction and sentence are affirmed.
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Albeity Hassan Abdalla v Independent Electoral and Boundaries Commission (IEBC) & 3 others [2017] KEHC 2361 (KLR)
✦ The court dismisses the petitioner's applications for additional evidence and election materials, and allows the respondents' motions. The court also strikes off the petitioner's affidavits.
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Millicent Wandia Murage alias Millicent Wanja Murage v Republic [2017] KEHC 1423 (KLR)
✦ The sentence of two years imprisonment is set aside and replaced with a sentence on probation for a period of eighteen (18) months.
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John Kiprono Chumo v Philip Kipngeno Langat [2017] KEHC 700 (KLR)
✦ The appeal is dismissed. The ex parte judgment is upheld.